"It is everyone, from top to bottom," Degliomini said. He said the company has resisted laying off people in favor of wage decreases, so far saving jobs.

Empire operates a racino with slot-like video lottery terminals and a harness racing track. It reported a net loss applicable to common shares of $2.48 million in the quarter ending March 31. Empire has lost customers to the racino at Yonkers and the casino resorts in Pennsylvania.

Empire also had millions in losses from failed casino efforts.

To avoid bankruptcy, Empire must pay off or renegotiate with its creditors. A false move likely will push the company into a Chapter 11 proceeding, under which Empire would attempt to reorganize while staying in business.

On Friday, the Bank of Scotland could demand payment of $7.1 million. Degliomini said talks are ongoing with the bank.